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LAKEPORT >> In its efforts to revamp medical marijuana regulation, the Lake County Board of Supervisors weighed corresponding tax legislation that will be brought before the voters in this year’s election.

In an hour-long discussion Tuesday the board debated key aspects of the measure raised by County Counsel Anita Grant. These included possible exemptions, preparations for legal recreational use, the process of taxation and penalties. There were few agreements, as many questions and hypothetical scenarios were presented.

Community Development Director Bob Massarelli said that his department is still wondering what kind of plant should be taxed. The current draft says a “viable plant,” or one that is capable of growing 12 inches tall. A second issue, according to Massarelli, would be how to correctly enforce it.

“We want something that is easy to measure,” he said, adding that community development is looking at levying the growth area instead of the number of plants. “At what point do we start counting the plants?”

District 2 Supervisor Jeff Smith suggested that zip ties with bar codes be used to keep track of them, as in Mendocino County.

“That’s the cleanest way of doing that,” he added.

Smith further suggested that the legislation contain provisions for grows targeting recreational use, which may become legal in the November election, recommending that recreational growing operations are taxed twice the amount of those supplying the pharmaceutical market. Currently, the draft calls for $100 for each “viable plant,” or those capable of growing to 12 inches tall.

“If people are going to use it for fun, then they should pay more,” he said, referencing Colorado’s laws.

However, District 3 Supervisor Jim Steele disagreed, arguing that delineating the two purposes could possibly lead to an underground market.

“What we are trying to do is to keep the underground from being here. If you just say any cannabis grow, it’s easier than ‘what’s your purpose for growing?’” Steele said. “How they’re growing it is how they’re growing it. They’re growing it.”

Regarding exemptions, the board agreed that the six plants for personal medical use should not be subject to the tax.

The board will revisit the issue at their regular meeting next week.

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